Judge dismisses $6 million lawsuit against Chesapeake Bay Bridge-Tunnel in trucker’s over-the-side death

A judge has dismissed a $6 million lawsuit against the Chesapeake Bay-Bridge Tunnel for the death of a trucker whose rig went over the side on a blustery day four years ago.

The lawsuit, believed to be the first of its kind against the CBBT, claimed Joseph Chen should not have been allowed to cross the span at the time he did because winds were too strong.

Chen, 47, was an experienced trucker from North Carolina, on the home-bound leg of his regular delivery run for a seafood company. He died shortly after his 18-wheeler plunged through the railing into frigid waters near mile marker 15 on Feb. 9, 2017.

The lawsuit, filed on behalf of his widow, said the CBBT violated its wind restrictions policy by letting Chen cross with a nearly empty trailer while gusts as high as 50 mph were being clocked on the 17.6-mile span.

The trial took place in December in the circuit court of Northampton County, on the northern end of the span.

In a ruling issued Friday, Judge Leslie Lilley said the CBBT, a political subdivision of the Commonwealth, is protected by sovereign immunity — a doctrine that largely shields public entities from liability.

It can be pierced, however, if an entity ignores its own policies.

The CBBT’s wind restrictions policy consists of a six-level system that clamps down on certain types of traffic as winds escalate. Tractor-trailers like Chen’s — empty or lightly loaded and easier to blow over — are forbidden when winds exceed Level 1, which officially tops out at 46 mph.

But according to CBBT logs, a wind gauge near the scene of Chen’s accident detected a 50-mph gust at 12:21 pm, just as he lost control of his rig.

The trial revealed that average wind speed — not gusts — are the CBBT’s basis for implementing restrictions, particularly at the lower levels, which led attorneys representing widow Billie Jo Chen to accuse the bridge-tunnel of having a “secret wind policy.”

The judge ruled that the CBBT “correctly” applied its policy as “formulated” but noted that the trial raised “obvious concern” that the policy was “developed without the benefit of scientific or engineering input or consideration.”

He also concluded that wind, not Chen’s driving, was the main — or proximate — cause of the accident. Attorneys for the CBBT had alleged he was going too fast or recklessly for conditions.

Douglas Desjardins, an attorney for Chen’s widow, said an appeal is likely.

Joanne Kimberlin, 757-446-2338, joanne.kimberlin@pilotonline.com